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District of New Jersey Decision Helps Clarify Standards for Lifting Federal Litigation Stay Based on Concurrent PTAB Proceedings | Saiber LLC

To embed, copy and paste the code into your website or blog: In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint.  Plaintiffs were attempting to remove their patent infringement claims and related allegations from the complaint after the Patent Trial and Appeal Board (“PTAB”) found plaintiffs’ patents-in-suit invalid in separate proceedings before the PTAB, so that the federal litigation could move forward concerning only their trade secret misappropriation claims, but Judge Arpert determined that the pending stay should not be lifted and thus the motion must be denied. Judge Martinotti then affirmed Judge Arpert’s ruling on appeal.

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